Moore v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — B. R. Vineyard, Esq., Special Judge. (1) The court erred in refusing to instruct the jury that plaintiff was not entitled to recover. Yanderbeck v. Hendry, 34 N. J. (Law) 472 ; Sweeney v. Old Colony, etc., 10 Allen 372; Hardcastle v. South Yorkshire, etc., By., 4 H, & N. 67; Pierce v. Whitcomb, 48 Vt. 127; McAlpin v. Powell, 70 N. Y. 126 ; Beulston v. Clark, 3 E. I). Smith 366; Parker v. Portland Pub.
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Appeal from Buchanan Circuit Court. — B. R. Vineyard, Esq., Special Judge. (1) The court erred in refusing to instruct the jury that plaintiff was not entitled to recover. Yanderbeck v. Hendry, 34 N. J. (Law) 472 ; Sweeney v. Old Colony, etc., 10 Allen 372; Hardcastle v. South Yorkshire, etc., By., 4 H, & N. 67; Pierce v. Whitcomb, 48 Vt. 127; McAlpin v. Powell, 70 N. Y. 126 ; Beulston v. Clark, 3 E. I). Smith 366; Parker v. Portland Pub. Co., 69 Maine 173; Bancroft v. B. & W. B. B., 97 Mass. 275; Borsyth v. B. & A. B. B., 103 Mass. 510; Burns v. B. <& L. B. B., 101 Mass. 50; Severy v.…
1Opinion of the Court
Ewing-, C.
The plaintiff sued the defendant for damages for killing two mules, and alleged, amongst other things, that defendant’s track passed diagonally across Monterey street, in St. Joseph. That the grounds surrounding their depot were open public grounds of de*484f endant, where it transacted its business with the public; that it .attempted to macadamize a part of its grounds for the purpose of inducing and enabling the public doing business with it to pass on and off of its grounds and over its track with ease, safety and facility; that it carelessly and negligently left the iron rails of…
2Cases cited8 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Straub v. SodererSupreme Court of Missouri · 1873
- Latham v. RoachIllinois Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Griffin v. Coal Co.West Virginia Supreme Court · 1905
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Darlington v. Railway Exchange Building, Inc.Supreme Court of Missouri · 1944
25 more not listed; retrieve them via the Exa API.